Sandeep & ANR v. State & ANR

$~35 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 883/2018 SANDEEP & ANR ..... Petitioners Through:

Mr. Ranjan Kumar, Adv.

versus STATE & ANR ..... Respondents Through:

Mr. G.M. Farooqui, APP for State with SI Sunder Singh, P.S. Baba Haridas Nagar.

Mr. Shokeen, Adv. for R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 05.04.2018 Notice could not be issued to the respondent no.2 as steps were not taken. However, respondent no. 2 appears in Court along with her counsel, who accepts notice.

Respondent no.2 has been identified by SI Sunder Singh of police station Baba Haridas Nagar.

Respondent no.2 submits that she has settled the matter with the petitioner no.1 of her own free will and without any undue force, pressure or coercion vide Deed of Settlement dated 9th August, 2017. She further submits that her marriage with petitioner no.1 has already been dissolved by a decree of divorce by mutual consent dated 8th February, 2018 passed by the Family Court, South West District, Dwarka Court, Delhi. She also

admits having received entire settled amount of `4 lacs from the petitioner no.1, therefore, she has no objection in case FIR No. 79/2011 under Sections 498A/406 IPC registered at police station Baba Haridass Nagar is quashed against the petitioner no.1 and his relatives, that is, petitioner nos. 2 and 3. Keeping in mind the settlement arrived at between the petitioner no.1 and respondent no.2 voluntarily, in my view, no fruitful purpose would be served in keeping the criminal proceedings pending. Accordingly, in the interest of justice, aforesaid FIR and the consequent proceedings emanating therefrom are quashed.

Petition is disposed of in the above terms.

Miscellaneous application is disposed of as infructuous.

Dasti.

A.K. PATHAK, J.

APRIL 05, 2018 ga